Bowen Ten Cardani, PC

Call Us For Your Initial Consultation


What is considered the best interest of the child?

In Virginia, there are several factors used to determine if a custody or visitation decision is in the best interests of a child. The first factor that is taken into account is the age of the child and the changing needs of the child as it gets older. The current physical and mental needs of the child are also taken into consideration when determining if an action is in his or her best interests.

The mental and physical condition of any parent who may visit or have custody of a child will be reviewed. Furthermore, the depth and quality of any relationship that exists between a parent and child will be examined. If a parent hasn't had a good or any relationship with a child in the past, a judge may consider whether that may change in the future.

Depending on the age and mental capacity of the child, the child may express a preference for who he or she wants to have contact with. However, this may be overruled if there is any history of sexual or physical abuse by one or both parents. In addition to the factors already listed, a judge may use any other factors that may be relevant to determining what is in the best interest of a child.

Parents who wish to have contact with their children may need to prove that it is in the best interest of the child. A family law attorney may be able to establish that a parent can provide a stable and safe environment for that child. In some cases, limited custody or visitation rights may be granted with the hopes of offering unlimited visitation or custody in the future.

Source: Code of Virginia, "§ 20-124.3. Best interests of the child; visitation.", November 10, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response

We’re ready to work with you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Bowen Ten Cardani, PC

Richmond Office
3957 Westerre Parkway, Suite 105
Richmond, VA 23233

Toll Free: 866-601-7371
Phone: 804-767-6850
Richmond Law Office Map

Ashland Office
9410 Atlee Commerce Blvd, Suite 2
Ashland, VA 23005

Toll Free: 866-601-7371
Phone: 804-767-6850
Ashland Law Office Map

Rated By | Super Lawyers | Rising Stars Britney McPheron
Super Lawyers | K. Matthew Long